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Umar Khalid, Sharjeel Imam Await Delhi Court Decision On Bail In Riots Conspiracy Case

Court reserves decision on bail pleas in riots case.

A Delhi court on Saturday reserved its order on the bail applications of activists Umar Khalid and Sharjeel Imam in the larger conspiracy case related to the 2020 northeast Delhi riots. Additional Sessions Judge Sameer Bajpai reserved the matter after hearing detailed arguments from both the prosecution and the defence. The court is expected to pronounce its decision later in the day. The two activists, who have been in custody for nearly six years, argued that their prolonged incarceration without the commencement of trial violates their fundamental right to personal liberty.

During the hearing, Khalid and Imam contended that the extraordinary delay in the trial justified the grant of bail, despite earlier judicial setbacks. According to a PTI report, Khalid's legal team submitted that although the Supreme Court had rejected his previous bail plea on January 5, subsequent legal developments constituted a significant "change in circumstances," making a fresh application maintainable. The defence argued that continued detention without meaningful progress in the trial undermined constitutional guarantees and warranted judicial intervention.

Khalid's counsel relied on recent observations made by the Supreme Court in a separate case in May, where the apex court reiterated that "bail is the rule" even in cases registered under the stringent Unlawful Activities (Prevention) Act (UAPA). The defence also cited landmark judgments, including Union of India vs K A Najeeb and Vernon Gonsalves vs State of Maharashtra, arguing that statutory restrictions on granting bail under the UAPA cannot override the constitutional right to liberty when a trial is unlikely to conclude within a reasonable time. According to the defence, these judgments reinforce the principle that prolonged incarceration without trial cannot be justified solely because of the stringent provisions of anti-terror legislation.

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The prosecution opposed the bail pleas, maintaining that the allegations against the accused are grave and relate to a larger conspiracy behind the communal violence that erupted in northeast Delhi in February 2020. Investigating agencies have alleged that Khalid, Imam and several other accused played key roles in orchestrating the violence, charges that they have consistently denied. The defence has maintained throughout the proceedings that the accusations are politically motivated and unsupported by credible evidence.

The larger conspiracy case is being investigated under various provisions of the Indian Penal Code and the UAPA. It stems from the communal riots that broke out in northeast Delhi in February 2020, leaving 53 people dead and hundreds injured. The violence followed clashes between supporters and opponents of the Citizenship (Amendment) Act (CAA), with widespread damage to homes, businesses and public property. Multiple charge sheets have since been filed, and several accused continue to remain in judicial custody as the trial has yet to begin.

The bail proceedings have drawn significant attention because they raise broader questions about prolonged pre-trial detention under the UAPA and the balance between national security concerns and individual liberty. The Supreme Court has, in recent years, repeatedly emphasised that constitutional protections cannot be rendered ineffective by delays in criminal trials. With the trial in the Delhi riots conspiracy case yet to commence despite years of incarceration, the court's forthcoming decision on the bail applications of Umar Khalid and Sharjeel Imam is expected to be closely watched for its legal and constitutional implications.

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